Real cases, from federal courts

Social Security counted help from family or friends against the person in all 14 real SSI court cases scored. Routed through Giftwise, the same help would have kept $331 to $663 a month at 2026 rates in 4 of the 14 as the opinions state the facts, and money in all 10 cases computed in dollars if the person could open an ABLE account. The rules engine's counterfactual: each case's facts (from 1996 to 2014) repriced at 2026 rates, with the help routed the benefit-safe way; 3 cases at $331.33 and 1 at $662.67.

In 2 of the cases the opinion states what SSA asked to be paid back: $4,870.00 (a cousin's deposits push savings over the limit) and $11,442.20 (children deposit $1,500 to meet a bank's minimum balance). Run through the engine from each case's facts, the same help paid into an ABLE account keeps her savings under $2,000 in every month in both cases, so there would have been nothing to ask back. ABLE needs the disability to have begun before age 46, which these opinions do not state.

Every scored case is one where SSA counted the help and the court agreed; the other opinions turn on loans, shared rent, trusts or deeming, separate questions from a gift, so they are listed with what each turns on, and the loans a court held were not income are scored as their own class below. Passages and amounts are checked against each opinion’s text. The person’s name is left out; each case links to the opinion.

1. Living in his parents' homes: benefit cut by one-thirdGiftwise AgreesRouted keeps $331.33/mo

   Held: Living in his parents' household and receiving food and shelter from them, so the one-third reduction applies.

   Rules R-SHEL-VTR, R-SHEL-08

   District Court Eastern District of Kentucky, No. 5:16-cv-00240 (2017-06-05)

2. Four relatives cover her share of food and rentGiftwise AgreesRouted keeps $331.33/mo

   Held: In-kind support from relatives, valued by the one-third reduction; the claimed loan was not bona fide.

   Rules R-SHEL-VTR, R-SHEL-08

   District Court Southern District of Texas, No. 4:08-cv-02606 (2009-07-01)

3. Living with her children without paying toward the householdGiftwise AgreesRouted keeps $331.33/mo

   Held: In-kind support from her children, counted as one-third of the federal benefit rate (20 CFR 416.1131); the after-the-fact loan agreement was not enforceable.

   Rules R-SHEL-VTR, R-SHEL-08

   District Court Southern District of Indiana, No. 1:12-cv-01761 (2013-12-30)

4. Living with her sons and buying her own foodGiftwise Agrees

   Held: In-kind support from her sons, valued under the presumed value rule because she bought her own food; no bona fide loan.

   Rules R-SHEL-01, R-GIE-01, R-SHEL-08

   District Court Southern District of Texas, No. 4:07-cv-01222 (2008-06-25)

5. Parents pay all the expenses in their homeGiftwise Agrees

   Held: In-kind support from his parents counts; the claimed oral repayment agreement was not credited. The valuation method is not stated.

   Rules R-SHEL-VTR, R-SHEL-08

   District Court Northern District of Ohio, No. 1:11-cv-00468 (2012-03-30)

6. A father sends the rent straight to the landlordGiftwise Agrees

   Held: The father's rent and food were in-kind support; no valid loan. The valuation method is not stated.

   Rules R-SHEL-01, R-GIE-01

   District Court Northern District of California, No. 3:05-cv-04683 (2006-07-28)

7. Food and shelter from her parents while she waited for SSIGiftwise Agrees

   Held: Food and shelter from her parents were in-kind support; an obligation to repay only if SSI arrived is not a loan. The valuation method is not stated.

   Rules R-SHEL-VTR, R-SHEL-08

   District Court Eastern District of California, No. 2:24-cv-01668 (2025-05-02)

8. A daughter pays the rent and living costsGiftwise Agrees

   Held: In-kind support from her daughter, reduced under the presumed value rule (the opinion also describes the cut as one-third); no bona fide loan.

   Rules R-SHEL-01, R-GIE-01

   District Court Southern District of Texas, No. 4:07-cv-04056 (2008-07-02)

9. A mother gives $1,200 to $1,500 a month for rent and medical billsGiftwise AgreesRouted keeps $662.67/mo

   Held: The mother's payments were unearned income, so she was not eligible; no bona fide loan.

   Rules R-CASH-01, R-GIE-01, R-RMA-01

   District Court District of Oregon, No. 3:13-cv-01956 (2015-01-07)

10. A former husband pays housing, utilities and living costsGiftwise Agrees

    Held: The monthly payments were unearned income, not a bona fide loan, so she was not eligible before August 2009.

    Rules R-CASH-01, R-GIE-01, R-RMA-01

    District Court Western District of Kentucky, No. 3:12-cv-00765 (2013-07-18)

11. A cousin's deposits push savings over the limitGiftwise Agrees

    Held: The cousin's money was a gift, not a loan, so it counted and put her resources over the $2,000 limit.

    SSA asked for $4,870.00 back. Run through the engine, the same help paid into an ABLE account keeps her savings under $2,000 every month, so there would be nothing to ask back.

    Rules R-CASH-01, R-GIE-01, R-RMA-01, R-RES-01

    District Court District of Oregon, No. 3:08-cv-01444 (2009-12-03)

12. Children deposit $1,500 to meet a bank's minimum balanceGiftwise Agrees

    Held: The deposit was not a loan, so the funds counted as her resources and the overpayment stands.

    SSA asked for $11,442.20 back, for March 2013 to March 2015. Run through the engine, the same help paid into an ABLE account keeps her savings under $2,000 every month, so there would be nothing to ask back.

    Rules R-CASH-01, R-INFREQ-01, R-GIE-01, R-RMA-01, R-RES-01

    District Court Eastern District of California, No. 2:18-cv-01046 (2019-08-02)

13. A mother's checks and a friend paying the rentGiftwise Agrees

    Held: Neither the mother's checks nor the friend's rent payments were bona fide loans, so both count as income.

    Rules R-CASH-01, R-GIE-01, R-RMA-01, R-RES-01, R-SHEL-01

    District Court District of Maryland, No. 1:15-cv-00958 (2016-08-23)

14. A son pays rent, food and utilitiesGiftwise Agrees

    Held: Food and shelter from her son were in-kind support, not a bona fide loan. The valuation method is not stated.

    Rules R-SHEL-VTR, R-SHEL-08

    District Court District of Kansas, No. 6:15-cv-01023 (2016-03-16)

npx tsx --env-file=.env.local scripts/run-field-cases.ts

In a second class, where the court held the help was not income, each case is a loan the person must repay. On its first run, before the engine had a loan field, the engine agreed on 0 of 3. After the loan rules were added (not a first result): 0 of 3 as the cases record the help, and 3 of 3 with the loan each court found in the new loan field.

The first run is kept as it came out (0 of 3). The loan rules (R-LOAN-01, R-LOAN-02) were written after it, so the line with the loan field is after the fix, not a first result. Found by searching federal court opinions for help that did not count; 23 opinions came back, 7 were read closely, and these are the ones where the court held the help was not income. Each links to the opinion.

1. Room and board from her son while her appeal was pending, to be repaidFirst run DiffersWith the loan field Agrees

   Held: A valid and enforceable agreement to repay the value of food and shelter received in kind is a loan, and the shelter and maintenance are not income; no one-third reduction.

   In the loan field, as the opinion found: “The court of appeals held the agreement was a valid loan.”

   Rules on the first run R-SHEL-VTR; with the loan field R-LOAN-02, R-SHEL-08

   Court of Appeals for the Ninth Circuit, Ceguerra v. Secretary of Health & Human Services, 933 F.2d 735 (9th Cir. 1991)

2. Back rent owed to his mother, a bona fide loanFirst run DiffersWith the loan field Agrees

   Held: A bona fide loan of in-kind support, so the shelter does not count as income.

   In the loan field, as the opinion found: “The court held the arrangement was a bona fide loan.”

   Rules on the first run R-SHEL-VTR; with the loan field R-LOAN-02, R-SHEL-08

   District Court District of Oregon, No. 3:18-cv-01115 (2019-08-23)

3. About $900 a month lent by her attorney while her claim was pendingFirst run DiffersWith the loan field Agrees

   Held: Cash lent under an oral agreement to repay from back pay is a loan, not a gift, and is not income.

   In the loan field, as the opinion found: “The court held the payments were loans, not gifts.”

   Rules on the first run R-CASH-01, R-GIE-01, R-RMA-01; with the loan field R-LOAN-01

   District Court Northern District of California, No. 1:23-cv-03934 (2024-09-18)

npx tsx scripts/run-field-cases.ts --set content/eval/field-cases-2.json

• Two roommates split a market-rate rent unevenly (District Court Northern District of California, No. 3:03-cv-02480 (2006-07-20)). Housing shared between joint tenants and the business-arrangement test, separate questions from a gift, as in ssa-examples.json.
• Renting from a father below market value (District Court Eastern District of New York, No. 1:04-cv-04228 (2006-09-29)). A rental subsidy (rent below market from a relative), a separate calculation, as in ssa-examples.json.
• Relatives' support: first appeal (District Court Southern District of Texas, No. 4:05-cv-02791 (2006-09-29)). Remanded without deciding whether the help counts; the later decision is scored as relatives-home-one-third.
• Back rent owed to a mother (District Court District of Oregon, No. 3:18-cv-01115 (2019-08-23)). A bona fide loan of in-kind support (POMS SI 00835.482) is not income; Giftwise routes gifts.
• A father's money kept in the son's account (District Court Northern District of California, No. 3:12-cv-00923 (2013-04-02)). Not a gift: the question is who owns money held in the person's own name (20 CFR 416.1208).
• A brother's money said to be held in trust (District Court Northern District of California, No. 4:13-cv-02041 (2014-04-15)). Not a gift: a claimed trust over money in the person's own name, a trust question.
• A community fundraiser for an injured child (District Court Northern District of Illinois, No. 1:05-cv-05276 (2007-04-06)). Remanded without deciding; also a child, whose parents' income is deemed to him, a separate calculation.
• A son pays the utilities and property taxes (District Court Northern District of Illinois, No. 1:14-cv-01643 (2016-03-15)). Remanded without deciding whether the help counts.
• A disabled child in a household with adult siblings: first appeal (District Court District of Maryland, No. 8:18-cv-03716 (2019-09-18)). Remanded without deciding; a child whose parents' income is deemed, a separate calculation.
• A disabled child in a household with adult siblings (District Court District of Maryland, No. 8:21-cv-03141 (2022-12-08)). A child living with a parent whose income is deemed, a separate calculation.
• A mother's checks and a friend's help: first appeal (District Court District of Maryland, No. 1:09-cv-01086 (2011-02-10)). Remanded without deciding; the later decision is scored as mother-checks-friend-rent.
• A family trust pays condo fees and utilities (District Court Southern District of California, No. 3:09-cv-02420 (2011-01-27)). Payments from a trust, a trust question.
• A family trust's $200 a month called a loan (District Court Southern District of California, No. 3:09-cv-02420 (2011-02-18)). Payments from a trust, a trust question.
• Unexplained deposits from family members (District Court Eastern District of Missouri, No. 4:16-cv-00296 (2017-09-26)). Remanded without deciding; the source of the deposits is not established.
• Parents deed land to their son (District Court Eastern District of Kentucky, No. 0:06-cv-00047 (2007-03-13)). A gift of real property, a resource question, as in ssa-examples.json.
• An unmarried partner pays housing and utilities (District Court Southern District of Indiana, No. 1:21-cv-02330 (2022-09-29)). The dispute is spousal deeming; the court did not reach in-kind support.
• A partner who supports the household (District Court Eastern District of California, No. 2:18-cv-00519 (2019-05-14)). The dispute is spousal deeming; the court declined to reach in-kind support.
• A joint account with a brother (District Court Northern District of California, No. 3:12-cv-03850 (2013-04-23)). The dispute is ownership of a joint account; the court did not reach the help from friends.
• Apartments rented from a son below market rent (District Court Eastern District of New York, No. 2:25-cv-03227 (2026-08-27)). A rental subsidy, a separate calculation; also remanded without deciding.
• Unreported support from a child's father (Court of Appeals for the Eleventh Circuit, No. 19-13995 (2021-06-04)). A criminal case about a child with parental deeming.
• Unpaid rent owed to a former wife (District Court District of Massachusetts, No. 1:10-cv-10682 (2010-11-18)). Remanded without deciding; unpaid rent and the business-arrangement test, separate questions from a gift.
• A co-owner pays more than half the household costs (District Court Northern District of California, No. 3:13-cv-05558 (2014-06-24)). Pro rata sharing of household expenses, a separate question from a gift, as in ssa-examples.json.